Problems of Early Marriage Dispensation in Merangin Regency Jambi Province

Abstract

Raising the minimum marriage age to 19 years has not eliminated child marriage, because marriage dispensation granted by religious courts remains an open legal route. In Merangin Regency, Jambi Province, dispensation applications continue to rise alongside a high divorce rate. This study examines the problems of marriage dispensation from the perspectives of positive law and Islamic law, identifies the factors driving it, and develops a legal reconstruction that integrates maqāṣid al-syarī'ah with the protection of children's rights. It uses a qualitative, normative-sociological, and descriptive-analytical design with philosophical, historical, and statutory approaches. Data were collected through interviews, observation, and documentation at the Bangko Religious Court and validated through methodological triangulation. The findings show that dispensation cases rose from 32 in 2023 to 89 in 2025, driven by economic pressure, low education, premarital pregnancy, cultural pressure, and weak inter-institutional coordination. Judges decided these cases on the basis of the best interest of the child and the rule of dar'u al-mafāsid. The main contribution of this study is a three-level reconstruction model (regulatory, institutional, and community) that translates maqāṣid al-syarī'ah into operational indicators for judicial examination and cross-sector prevention. The model repositions dispensation as a protective, extraordinary legal remedy, supported by standard parameters of "urgent reasons", a cross-sector forum, integrated data on children at risk, and the involvement of religious and customary leaders.